§ 70-223.1. Procedure for revoking certificate of occupancy or certificate of existing use., Article XXIII. Permits and Certificates; Fees, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Upon acquiring information that a residential building may be occupied in violation of the certificate of occupancy or certificate of existing use issued therefor, the Commissioner of Building and Safety Inspection and Enforcement shall cause an investigation of the premises to be made and an inspection report to be prepared containing the following:

(1)

A description of the premises.

(2)

A statement of the particulars, if any, in which the residence is being used in violation of the certificate of occupancy or certificate of existing use.

(3)

A description of how such illegal occupancy is creating a hazard to public health and/or safety.

Said report shall be filed in the office of the Department of Building and Safety Inspection and Enforcement.

If the investigation performed pursuant to Subsection A above confirms that there is violation of the certificate of occupancy or certificate of existing use, the Commissioner of Building and Safety Inspection and Enforcement may cause a written notice to be prepared, which shall contain the following:

(1)

A description of the premises.

(2)

A statement of the particulars in which the building is being occupied in violation of the certificate of occupancy or certificate of existing use.

(3)

An order directing that the occupancy of the building be brought into conformity with the certificate of occupancy or certificate of existing use.

(4)

An order directing that legal action be commenced by the service of a summary proceeding petition to remove all illegal occupants of the premises within 10 days of the date of personal service or within 15 days of mailing of the written notice and that proof of same be filed with the Commissioner of Building and Safety Inspection and Enforcement not later than five days after the date of such commencement.

(5)

The date, time and place of a hearing before the Town Board relative to the subject residence being illegally occupied, which hearing shall be scheduled not less than 30 days from the date of personal service or mailing of the written notice.

(6)

A statement that in the event legal action to remove all illegal occupants is not commenced within the required period, the Town Board is empowered and authorized to direct the Commissioner of Building and Safety Inspection and Enforcement to revoke the certificate of occupancy or certificate of existing use and that, if the Town Board takes such action, it will seek a court order removing all persons from occupancy of the residence. In such event, all expenses thereof shall be assessed against the land on which the building is located and the Town shall institute legal action to recover the costs of removing said occupants as well as legal fees and expenses.

The aforementioned written notice shall be served on the owner of record or the owner's executor, legal representative, agent, lessee, or any other person having a vested or contingent interest in the subject property, either personally or by certified mail addressed to the intended recipient's last known address as shown by the records of the Town's Receiver of Taxes or the records in the office of the Nassau County Clerk. In addition, a copy of said notice shall be securely posted on the subject building in a conspicuous location.

In the event that the whereabouts of the owner of the subject property and any other person having an interest therein, as defined in Subsection D above, are unknown and cannot be ascertained after the exercise of reasonable diligence by the Commissioner of Building and Safety Inspection and Enforcement, the Commissioner of Building and Safety Inspection and Enforcement shall execute an affidavit to that effect, which shall be filed in the office of the Town Clerk. In such a case, service shall be deemed to have been accomplished by the posting required in Subsection D above.

In the event that the owner of the illegally occupied residential building fails or refuses to comply with the order to bring the building into conformity with the certificate of occupancy or certificate of existing use, The Town Board may, after a public hearing, direct the Commissioner of Building and Safety Inspection and Enforcement to revoke the certificate of occupancy or certificate of existing use for said premises and further direct that legal action be commenced to remove all persons occupying said premises therefrom.